SIMS v. STATE

No. 01-89-0479-CR.

783 S.W.2d 786 (1990)

Joe Junis SIMS, Appellant, v. STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

January 11, 1990.


Attorney(s) appearing for the Case

William W. Vance, Bryan, for appellant.

Bill R. Turner, Dist. Atty., Jim Noble, Asst. Dist. Atty., Bryan, for appellee.

Before SAM BASS, DUNN and O'CONNOR, JJ.


DUNN, Justice.

This is an appeal from a conviction of burglary. Appellant pleaded guilty to the charge, but asked for a contested jury trial on the two enhancement paragraphs and the punishment. The jury returned a sentence of 51 years imprisonment.

The indictment charging appellant alleged burglary in two ways: (1) that appellant entered the building "with the intent to commit theft," and (2) that appellant entered the building and "did attempt to commit...

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